Belle of the Sea
Supreme Court of the United States
Appeal from tbe Circuit Court for the Eastern District of Pennsylvania; the case being thus: The American ship “Bello of the Sea,” owned by one Kimball, being in the port of New York, a certain Hammond, of that city, lent to her said owner, Kimball, $25,000 on a mortgage of the'vessel; and the vessel sailed to Calcutta.
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Appeal from tbe Circuit Court for the Eastern District of Pennsylvania; the case being thus: The American ship “Bello of the Sea,” owned by one Kimball, being in the port of New York, a certain Hammond, of that city, lent to her said owner, Kimball, $25,000 on a mortgage of the'vessel; and the vessel sailed to Calcutta. On her return voyage from Calcutta to New York, she sprung a leak, was obliged to put into Mauritius for repairs, and to take up $46,000 on bottomry, the bottomry bond (now held by the Messrs. Ward in New York), covering ship, cargo, and freight. There were p>olicies of…
1Opinion of the CourtJustice Strong
Very clearly the ship was not discharged from, the bottomry lien, unless the bond was actually paid, or unless the libellants agreed 'to pay it and look to the. freights, the general average, and the insurances exclusively for their reimbursement. Of actual payment there is no evidence whatever. On the arrival of the ship at New York, Mr. E. A. Hammond, who had a mortgage upon her, which, with interest, amounted to more tliaii $30,000, took her into his possession, in virtue of authority conferred by the mortgage, and employed the libellants to take up the bottomry bond, to collect the…
2Cited by3 opinions
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- Borland v. ZittlosenDistrict Court, S.D. New York · 1886